[OSM-legal-talk] Click-through

[Frederik Ramm]

Hi,

Jochen Topf wrote:
> If we create a license that is not
> enforcable, why bother?

This issue - contract only works where parties know about the contract 
before - has arisen in previous discussions. The usual retort went like 
this:

(1) you don't *know* that it is not enforceable, you just *assume* - 
court cases like this are few and far between;

(2) even having a non-enforceable license that basically says what we 
want is suitable as some kind of ethics/morality stick we can use to 
beat people who misbehave, even if they misbehave within the envelope of 
the law.

Of course, once you go down (2) the question arises, why do we need a 
lawyer at all, why not write down a "brief brief" and be done with it.

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"